Bar candidates vow to fight against parliamentary hearings for SC justices

Published On: March 24, 2019 05:25 AM NPT By: Republica  | @RepublicaNepal

KATHMANDU, March 24: As different panels of lawyers launch their election campaigns to reach the leadership of Nepal Bar Association (NBA) through the upcoming elections, a candidate of NBA president has vowed to fight for an alternative to the current parliamentary hearing system for judges prior to their appointment at the Supreme Court.

Stating that the parliamentary hearing system could not work properly, Sunil Pokhrel, a candidate for the position of NBA President from the Democratic Lawyers Association affiliated to main opposition Nepali Congress promised to fight for changing the existing hearing system. He promised that he will work for removing the parliamentary hearing system if he wins the election. 

Pokhrel made the promise during his meeting with lawyers across the country and while addressing recent gatherings of law professionals at Nepal Bar Association organized by Mediators Society. He clearly sought the support of the law practitioners for removing this system which according to him is the main reason of politicization in the judiciary.  

Pokhrel's rival Progressive and Professional Lawyers Association Chandeshwar Shrestha also pleaded against over politicization of the judiciary. Shrestha is the candidate of the organization affiliated to the ruling Nepal Communist Party (NCP). Shrestha sought the lawyers' support promising to work to do away with the politicization of judiciary. 

Shrestha also promised to reform in the parliamentary hearing system so that politicization in the judiciary will be curbed. More than 10,000 lawyers would participate in the process to elect their leaders on March 30.

Pokhrel said stopping political influence from taking place in the judiciary has become urgent to make the judiciary independent and to protect the rights of the individuals. 

Article 292 (1) of the constitution states: prior to the appointment, Chief Justice, Justice of the Supreme Court, members of Judicial Council, Head or official of Constitutional bodies and ambassadors who are appointed on the recommendation of the Constitutional Council, there shall be a parliamentary hearing, in accordance with this constitution. 

The third amendment to the Interim Constitution of Nepal, 2007 had adopted the parliamentary hearings system prior to the appointment of the judges, heads and members of the constitutional bodies.

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